Right Court

Question 1

Personal Jurisdiction (Def.)

Answer 1

Court has proper jurisdiction over the parties to an action. Sufficiently close relationship between the forum state and the defendant.

Question 2

Traditional Basis for Personal Jurisdiction

Answer 2

1. Defendant consents to jurisdiction
2. Defendant is domiciled in the forum state.
3. Defendant is present in the forum state when served with process.

Question 3

Minimum Contacts Standard

Answer 3

Allows personal jurisdiction over nonresidents of the forum state provided there is a long-arm statute, and the exercise of jurisdiction is in keeping with the constitutional requirements.

Question 4

California’s Long-arm Statute

Answer 4

gives the state courts power over any person or property up to the limits of the Constitution, thus the minimum contacts standard is applied.

Question 5

Specific Long Arm Statutes

Answer 5

Some states have long-arm statutes that give its courts power over non-residents only under certain specified situations, for example the commission of a tort while in the state.

Question 6

Nature of defendant’s contacts

Answer 6

A defendant must have sufficient minimum contacts with the forum state such that asserting jurisdiction over him does not offend “traditional notions of fair play and substantial justice.”

Question 7

Minimum Contacts Test

Answer 7

Assess the defendant’s minimum contacts with the forum state to determine if the defendant has “purposely availed himself of the benefits and protections of the state” such that it is “reasonably foreseeable that he could be hauled into court there.”

Question 8

Specific jurisdiction

Answer 8

When the claim is directly related to the defendant’s contact with the forum state, she will have specific jurisdiction over the defendant on that claim only.

Question 9

General jurisdiction

Answer 9

Where the contacts with the forum state are sufficiently “systematic and continuous” general jurisdiction will be found and the forum state may exercise jurisdiction over the defendant for any cause of action.

Question 10

Fairness Factors

Answer 10

The exercise of jurisdiction must be fair. Consider:

1. convenience to the parties- location of witnesses and the burden on the defendant to travel to the forum state.
2. The forum state’s interest in regulating activity within its borders and protecting its citizens
3. Any other interests, such as the plaintiff’s interest in obtaining convenient and effective relief.

Question 11

My Parents Frequently Read Science Fiction Stories Out-loud

Answer 11

Minimum Contacts Analysis: Minimum contacts; Purposeful availment of the benefits and protections of the forum state; Foreseeability of being haled into court; Relatedness between contact and claim; Systematic and continuous contacts; Fairness factors; Convenience; State’s interest, and Other interests.

Question 12

Subject Matter Jurisdiction

Answer 12

Means that the court must have proper jurisdiction over the subject matter of an action. Federal courts are courts of limited jurisdiction and may only hear cases involving federal questions or diversity of citizenship.

Question 13

Federal Question

Answer 13

Federal District Courts have subject matter jurisdiction over civil actions arising under federal law

Question 14

Diversity of Citizenship

Answer 14

Federal District Courts have subject matter jurisdiction over civil actions between citizens of different states, and where the amount in controversy exceeds $75,000.

Question 15

Complete diversity

Answer 15

No plaintiff may be a citizen of the same state as any defendant.

Question 16

Citizenship

Answer 16

A natural person’s citizenship is determined by his domicile.

Question 17

Domicile

Answer 17

Is the state where he is physically present and has the subjective intent to make it his permanent home. Each person can only have one domicile at a time.

Question 18

Corporation is a citizen of:

Answer 18

a. The state where the business is incorporated
b. The one state where the corporation has its principal place of business
PPB is determined by the “nerve center” test and refers to the place where a corporation’s officer’s direct, control, and coordinate the corporation’s activities. Typically, this is where the corporation maintain’s its headquarters.

Question 19

Citizenship of unincorporated associations:

Answer 19

Determined by the citizenship of all members, included limited and general partners.

Question 20

Citizenship of minors, decedents, and incompetents

Answer 20

Determined by their own citizenship, not the citizenship of their representative.

Question 21

Amount in Controversy

Answer 21

Must exceed $75,000, not including attorney fees

1. At the time of filing
2. Aggregation: Claims may be aggregated to meet the amount if there is one P and one D, or if there are joint tortfeasor defendants

Question 22

Exceptions to SMJ

Answer 22

Federal courts will not hear actions involving issuance of divorce, alimony, or child support, or to probate an estate.

Question 23

California State Court SMJ

Answer 23

California courts have general subject matter jurisdiction and can hear any case not within the exclusive jurisdiction of another state court.

Question 24

California state court classification

Answer 24

Civil cases are classified as unlimited, limited or small claims. If a case is misclassified, either party or the court may seek reclassification.

Question 25

Unlimited Civil Cases

Answer 25

Heard in Superior Court and require an amount in controversy exceeding $25,000. There are no limitations on pleadings, discovery or relief available, and a claimant can recover any amount.

Question 26

Limited Civil Cases

Answer 26

Heard in Superior Court and require an amount in controversy over $7,500, but not exceeding $25,000. There are limitations placed on the use of process and the equitable relief available, and a claimant cannot recover more than $25,000.

Question 27

Small Claims Cases

Answer 27

Heard in Small Claims Court and require that, if the plaintiff is an individual, the claim is $7,500 or less or the plaintiff is a business entity, the claim is $5,000 or less.

Question 28

Supplemental Jurisdiction

Answer 28

Applies to provide SMJ when an additional claim does not itself invoke federal SMJ, but the additional claim shares “a common nucleus of operative fact” with a claim that does properly invoke federal SMJ. “A common nucleus of operative fact” means that the claim “arises from the same transaction or occurrence.”

Question 29

Removal Jurisdiction

Answer 29

Allows the defendant to have the case originally filed in state court removed to federal court where the case could have properly been brought in either state or federal court

Question 30

Removal Rules

Answer 30

1. Only defendant’s are eligible to remove cases
2. Diversity Case: D may not remove if he is citizen of forum state.
3. Venue: Removed to federal district court embracing the state court where the case was originally filed.
4. Timing: removal must occur no later than 30 days after service of the first “removable” document, but never later than one year after the initial filing.

Question 31

Remand

Answer 31

When a defendant attempts to remove a case to federal court and the removal is improper, the federal court can remand back to the state court
Timing: The plaintiff must move to remand within 30 days of the removal, however there is no time limit if the federal courts lack SMJ over the case.

Question 32

Venue

Answer 32

Concerns which federal court should hear a particular case.

Question 33

Venue is proper where

Answer 33

a. Claim arose (Fed. - district/CA- county)
b. Defendant resides (Fed.- all def’s reside/CA where any D resides at the time the case is filed)
c. Multiple defendants all in the same state- in any district where any defendant resides

Question 34

Definition of reside for venue purpose

Answer 34

a. Natural persons reside at their domicile
b. Corporations reside:
I. Fed. - in all districts where they are subject to personal jurisdiction when the case is filed.
ii. CA: in the county where they have their PPB, or where a contract was entered into or performed, or where contract breach occurred, or where liability arises.

Question 35

Transfer of Venue Federal

Answer 35

Venue can only be transferred to another federal court where the case could have been filed. To determine if transfer of venue is warranted the court will look at the interest of justice including:

1. Public factors: What law applies, which community should be burdened by jury service.
2. Private factors: Convenience, location of witnesses, and evidence, etc.

Question 36

Transfer of Venue California

Answer 36

Allows for transfer of venue to any proper county at the judge’s discretion where the interests of justice and convenience of the parties would be served by such a transfer.

Question 37

Forum Non Conveniens (Federal)

Answer 37

A court may dismiss or stay a case if there is far more appropriate forum elsewhere, such as another state or country

Question 38

Forum Non Conveniens (CA)

Answer 38

The court will determine if another forum if another forum is more able under forum non conveniens by looking at the interest of justice, including:

1. Public factors: What law applies, which community should be burdened with jury service
2. Private factors: Convenience, location of witnesses, evidence

Question 39

Notice

Answer 39

A defendant must be properly notified of a pending action by a reasonable method and must be given an opportunity to be heard

Question 40

Service of Process

Answer 40

means to provide a defendant with notice of pending action by delivery to defendant of a summons and a copy of the complaint;
Serve within 120 days of filing case or case dismissed without prejudice (not dismissed if P shows good cause for delay in serving).

Question 41

Summons

Answer 41

formal court notice of suit and time for response

Question 42

Methods of Service

Answer 42

1. Personal Service

2. Substituted Service

Question 43

Substituted Service (Federal)

Answer 43

Service of process can be left at defendant’s usual abode and served upon someone of suitable age and discretion who resides there; or served to defendant’s authorized agent; or served by methods permitted by state law.

Question 44

Substituted Service (California)

Answer 44

Only allows substituted service if personal service cannot be accomplished with reasonable diligence. The service must be left at defendant’s usual abode with a competent member of the household who is at least 18 years old, and that person must be informed of the contents. The process must also be mailed to the defendant’s by first class mail.

Question 45

Constructive Service

Answer 45

Defendant’s can technically be served by registered mail, however this is only effective if the defendant agrees to waive service of process.
CA allows service by publication only if nothing else works. P’s attorney must provide an affidavit the defendant cannot be served after reasonable diligence.

Question 46

Erie Doctrine

Answer 46

A federal court sitting in diversity must apply state substantive law and federal procedure law. The goal is to prevent forum shopping. If it is unclear whether a law is procedural or substantive, then the judge will employ a general balancing test (federal interest in having the federal law applied is balanced against the state interest in having the state law applied)

Question 47

California Conflicts of Law (Tort Actions)

Answer 47

Where two state laws are in conflict, the court evaluates the comparative impairment to each state’s interests in having its own law applied.

Question 48

California Conflicts of Law (Contracts)

Answer 48

Depends on whether there is a choice of law provision in the contract

1. Without: Court evaluates the comparative impairment to each state’s interest in having its own law applied.
2. With:
   a. No conflict: The provision will be applies so long as it has a reasonable basis and does not conflict with CA policies.
   b. Conflict: If the provision does conflict with CA policies, the CA law will apply if CA has a materially greater interest in having its law applied than does other states.

Question 49

Amount in controversy requirement for equitable relief

Answer 49

Plaintiff’s viewpoint: Does the [blocked view] decrease the value of the plaintiff’s property by more than $75,000.
Defendant’s viewpoint: Would it cost defendant more than $75,000 to comply with the injunction.

Question 50

Well-pleaded complaint rule

Answer 50

It is not enough that some federal issue is raised by the complaint. The P’s claim must “arise under” federal law. So we look at the claim and ignore other material P might have alleged.

Question 51

A non-federal, non-diversity claim can be heard in federal court if it meets “the test” UNLESS it is:

Answer 51

a. Asserted by the plaintiff
b. In a diversity of citizenship (not FQ) case AND
c. Is against a citizen of same state as the plaintiff.

Question 52

Discretionary factors for supplemental jurisdiction

Answer 52

Court has discretion NOT to hear the supplemental claim if:

(1) the federal question is dismissed early in the proceeding; or
(2) the state law claim is complex; or
(3) state law issues would predominate.

Question 53

Removal will not be effective if:

Answer 53

1. No removal if any D is a citizen of the forum (instate D rule) AND
2. No removal more than one year after the case was filed in state court.

Question 54

Substantive issues for application of Erie Doctrine

Answer 54

(1) elements of a claim or defense,
(2) statute of limitations,
(3) rules for tolling statutes of limitations,
(4) conflict (or choice) of law rules.

Question 55

Tests to determine if issue is substantive in order to apply state law under Erie Doctrine

Answer 55

1. Outcome determinative test
2. Balance of interests test
3. Forum shopping test

Question 56

Outcome determinative test

Answer 56

Would applying or ignoring the state rule affect the outcome of the case? If so, it’s probably a substantive rule, so should use state law.

Question 57

Balance of interest test

Answer 57

Does either federal or state system have strong interest in having its rule applied?

Question 58

Forum Shopping Rule

Answer 58

If the federal court ignores state law on this issue, will it cause parties to flock federal court? If so, should probably apply state law.

Question 59

Waiver by Mail

Answer 59

Mail (regular mail is OK) to D a copy of the complaint and two copies of a waiver form, with a prepaid means of returning the form. If D executes and mails the waiver form to P within 30 days, D waives formal service (She gets 60 days from the mailing to her in which to respond to the complaint).
Effective at the time of filing the waiver with the court.

Question 60

Immunity from service

Answer 60

Under FRCP, D is immune from being served for a federal civil case while instate to be a witness or party in another civil case.
No immunity under CCCP.

Question 61

Rule 11 signature certifies:

Answer 61

1. Paper is not for improper purpose
2. Legal contentions are warranted by law
3. Factual contentions and denials of factual contentions have evidentiary support (or are likely to after further investigation).

Question 62

Safe Harbor Rule

Answer 62

Opposing party cannot file for Rule 11 sanctions until after 21 day safe harbor provision which provides time for the attorney to fix the problem. If she does not do so, then the motion may be filed.
The court can raise Rule 11 sanctions on its own (“sua sponte”). No safe harbor applies.

Question 63

Rule 12(b) Defenses

Answer 63

(1) Lack of SMJ,
(2) Lack of PJ,
(3) improper venue
(4) insufficiency of process (problem w/papers),
(5) insufficient service of process,
(6) failure to state a claim,
(7) failure to join indispensable party
Raise by motion or answer. (2), (3), (4), and (5) are waivable.

Question 64

Respond to allegations of complaint

Answer 64

(1) Admit,
(2) Deny,
(3) State that you lack sufficient information to admit or deny.
Failure to deny can constitute an admission on any matter except damages.

Question 65

Must a cross claim against a co-party and arises from the same T/O as the underlying cause without diversity or federal question

Answer 65

Yes,

(1) It meets “the test” because it arises from the same T/O as the underlying case and
(2) this is not a claim by a plaintiff, so “the limitation” on supplemental jurisdiction does not apply.

Question 66

What factors do courts consider when determining leave to amend?

Answer 66

Delay, prejudice, and futility of amendment

Question 67

Variance

Answer 67

If D does not object, P can move to amend complaint to conform to the evidence.

Question 68

Relational back doctrine (to overcome SOL)

Answer 68

To change defendant after the statute has run. This will relate back if:

1. It concerns the same conduct, transaction, or occurrence as the original
2. The new party knew of this case within 120 days of its filing,
3. She also knew that, but for the mistake, she would have been named originally.

Question 69

Standard for Discovery

Answer 69

Anything relevant to claim or defense. Relevant is broader here than at trial. It includes things that are “reasonable calculated to lead to discovery of admissible evidence.”

Question 70

Remedy for Partial Violation of Discovery rules

Answer 70

1. Can get an order compelling the party to answer the unanswered questions, plus costs (including attorney’s fees) of bringing motion.
2. If the party violates the order compelling him to answer, RAMBO sanctions plus costs (and attorney fees re the motion) and could be held in contempt for violating a court order (except no contempt for refusal to submit to medical exam)

Question 71

Remedy for Total Violation of Discovery Rules

Answer 71

RAMBO plus costs (and attorney’s fees for bringing the motion). No need to get an order compelling answers first - you go directly to RAMBO.

Question 72

RAMBO Sanctions (choices available to judges)

Answer 72

1. Establishment order (establishes facts as true)
2. Strike pleadings of the disobedient party (as to issues re the discovery)
3. Disallow evidence from the disobedient party (as to the issues re the discovery)
4. Dismiss the plaintiff’s case (if bad faith shown)
5. Enter default judgment against defendant (if bad faith shown)